AGUILLARD v. AUCTION MANAGEMENT CORP.

Nos. 2004-C-2804, 2004-C-2857.

908 So.2d 1 (2005)

Dave F. AGUILLARD v. AUCTION MANAGEMENT CORP., Gilmore Auction & Realty Company, Bank of New York, and its Servicer, New South Federal Saving Bank.

Supreme Court of Louisiana.

June 29, 2005.


Attorney(s) appearing for the Case

Frilot, Partridge, Kohnke & Clements, LC, Michael Hodgson Pinkerton, William Howard Berglund, New Orleans, Counsel for Applicant in No. 2004-C-2804.

Hesni & Parrales, PLC, George Saleem Hesni, II, Gretna, Denisse Yvonne Parrales, Joseph Anthony Delafield, Lake Charles, Counsel for Respondent in No. 2004-C-2804.

Amar D. Sarwal, David M. Gossett, Evan M. Tager, Robin S. Conrad, Gary Judge Russo, Lafayette, Counsel for Amicus Curiae Chamber of Commerce of the United States.

David Joseph Boneno, Counsel for Amicus Curiae Louisiana Bankers Association.

Hesni & Parrales, PLC, George Saleem Hesni, II, Gretna, Yvonne Parrales, Counsel for Applicant in 2004-C-2857.

Frilot, Partridge, Kohnke & Clements, LC, Michael Hodgson Pinkerton, William Howard Berglund, New Orleans, Joseph Anthony Delafield, Lake Charles, Counsel for Respondent in No. 2004-C-2857.


KNOLL, Justice.

This civil case addresses the legal question of whether the court of appeal erred in declaring a contract, including its arbitration agreement, adhesionary. The district court denied the defendants' motion to stay proceedings pending arbitration. The court of appeal affirmed the district court's ruling. We granted this writ particularly to address the validity of the arbitration agreement and to resolve a split among the circuits regarding the enforceability...

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